Also known as: adjusts · adjusted · adjusting · adjuster · adjusters · adjustor
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
To determine the amount payable to cover a loss under a policy by investigating the claim and negotiating any settlement amount.
To determine the amount payable to cover a loss under a policy by investigating the claim and negotiating any settlement amount.
Select any source to read its text and confirm it supports the definition.
To allocate particular assets in proportionate or disproportionate shares, value trust property, and adjust for resulting differences in valuation on distribution of trust property or termination of a trust.
Select any source to read its text and confirm it supports the definition.
To allocate particular assets in proportionate or disproportionate shares, value trust property, and adjust for resulting differences in valuation on distribution of trust property or termination of a trust.
Each sense below has its own examples, sources, and questions.
Anthony Arnold, a nonlawyer working for an insurance company, inspected a policyholder's fire damage, calculated the covered loss amount, and negotiated a reduced payout with the claimant. He then sought to collect a contingent fee for his services under a state statute permitting nonlawyer adjusters. The court refused to enforce the fee contract because his activities constituted the practice of law.
Determining the amount of an insured loss, negotiating settlement of a claim, and charging a contingent fee for that work qualify as the practice of law. A statute that permits nonlawyers to perform those tasks without judicial oversight is unconstitutional when the state constitution reserves authority over the practice of law to the courts.
Supporting sources
No. When the adjuster's work amounts to the practice of law, courts will not enforce fee agreements for those services even if a statute appears to authorize the conduct.
Supporting sources
Amelia Amari sued federal agents after an unlawful search of her apartment. The court recognized an implied cause of action under the Fourth Amendment and crafted damages relief to compensate her for the specific invasion of rights that occurred.
Andre Antoine, a long-term resident facing removal, petitioned the Attorney General for suspension of deportation. The proceeding required the agency to evaluate whether to change his immigration status to that of a lawful permanent resident.
Albert Allen's family sought to discontinue artificial nutrition for him after he entered a persistent vegetative state. The court considered how constitutional liberty interests could be exercised through a guardian when the patient could no longer decide for himself.
Alexis Archer was charged with murder and raised an extreme emotional disturbance defense. The state statute placed the burden on her to prove the mitigating circumstance by a preponderance of the evidence rather than requiring the prosecution to disprove it.
Aether Technologies owned Grand Central Terminal and challenged New York City's landmark preservation rules that limited its ability to build above the station. The Court evaluated whether the restrictions went too far in reallocating economic benefits and burdens among property owners.
Courts have long recognized that when federally protected rights are violated, judges must shape available relief to provide necessary redress, including the creation of implied damages actions.
Supporting sources
…see, e. g. , United States v. Causby , 328 U. S. 256 (1946), than when interference arises from some public program adjusting the benefits and burdens of economic life to promote the common good. “Government hardly could go on if to some extent values incident to property could not be diminished without paying…